Assisting another employer doesn’t create duty to report accident

Original order to report incident overturned; no employees present when accident happened to contractor's worker
|Canadian Employment Law Today|Last Updated: 03/05/2014

B.C. Hydro was not required to report an accident that injured a contractor working on its power lines, an arbitrator has ruled, even though company employees rushed to the scene to help the injured man.

In the fall of 2009, B.C. Hydro granted a contract to replace components of its overhead electrical distribution system near Fernie, B.C., to Arrow, a power line construction and maintenance firm. As the prime independent contractor, Arrow was responsible for the protection and safety of all workers performing the work. There were no B.C. Hydro workers on the project.

On Nov. 26, 2009, an Arrow power line technician came into contact with an energized part of the electrical distribution system and suffered electrical burns. A co-worker tried to call for assistance on his cellphone but was unsuccessful, so he used his radio.